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480-173CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-173 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONiNG ORDiNANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 3.44 ACRES SITUATED IN THE J. G. ALLEN SURVEY, ABSTRACT NO. 18, BEING A PORTION OF TRACT 2C31 AND THE ENTIRE TRACT 2C32, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-1A" SiNGLE-FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED iN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONiNG ORDiNANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREiN MADE; PROVIDiNG THAT THIS ORDiNANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these P;tgc i changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area inunediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for oft-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the fights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, 'fexas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Tcxas, passed on the 19th day' of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 3.44 acre tract of land situated in the J. G. Allen Survey, Abstract No. 18, being a portion of Tract 2C31 and the entire Tract 2C32, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF- 1A" Single-Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable furore; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use o f land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (! 0) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the ~ This ordinance shall be in full force and effect from and after its passage and __ day of~ ATTEST: ,1995. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the o~J day of N~,~d[,/~ , 1995. .,,.~5 .. ............ ~/j ,~ _,~^ Vt, D{/ ~ '' ..-.-%/' . ',~ ~ ( h} ATTEST: *¢ - ........ e , · 1 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ~/ '~/ DATE: EXI IIBIT "A" BEYJ~G 3.~ acres of land out o£ the J. G. ALLEN SURVEY Abstract Tarrant County, Texas and being more particularly described by met'es and bounds as follows; BEGINNING at an iron pin in the centerline of County Road :'/ &90L(Johnson Road), said point being 3405.0 feet East of %he Northwest corner of said J. G. ALLEN SURVEY: TffENCE East along the ceuterline of said road, 227 3 feet to iron pin for corner; ' T.WENCE Sou~h 6 degrees-O7 minutes East, 5~.6 ~ee~ to iron pin ~for corner THENCE ~Vest 289.& feet to iron pin for corner; THENCE North OO degrees-15 minutes ~:est~ 580.0 ~eet ao abe point of beg- inning and containing 3.4g acres of land of which 0.1~ acres lies with- in the County Road. This is %o certify that we marked tf:e corners as Show~ above t=rom a survey made on the ground. An iron pin was placed ~t'eac~ property cor- ner and %here are no encroachments or protrusions ~×cepc as sho,^~, G:/ORI)\CAS F-$\480 I73X.WPD Fort Worth Star-Telearam FED. I.D. NO. 22-3148254 AD INVOICE NO. 47901 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C ITS? THE STATE OF TEXAS County of Tarrant Ire me, a Notary Public in and for said County and State, this day personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 6/09ME 47901 NOTICE OF PUBLIC I358 1x 70L 70 . 55 38. 50 06/09-Ok/09 NOTICE OF PUBLIC HEARING NALLCIE IS HEREBY GIVEN TO NTERESTED PERSONS that the City Council of the City of Southlake,Texas,will be holding a public hearing during the Regular City Council meeting to be held of June 20, 1995, begin- ning at 7:00 p.m..The meet- Council Chambers then o City Hall, 667 North Carroll Ave- _.. nue, Southlake, Texas. The purpose of the public hear- ing is to consider the follow- ing ordinance: ' CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-173 AN ORDINANCE CNO AMENDING AS AMENDED, THE COMPRE- HE (.12...) .7.— --_, NSIVE ZONING ORDI- SOUTHLAKE,THE CITY TEXAS SIGNED GRANTING A ZONING L CHANGE ON A CERTAIN TRACT OR TRACTS OFS LAND E THIS THE DAY O F SCRIBED AND SWO LAKE, THE CITY 3. 4 16TH JUKE 995 • � ACRTEXAS BEING 3.44 ' ES SITUATED IN THE ///�/� tCgY•p4dll, J.G. ALLEN SURVEY AB- r✓✓, l ?q:' (:r. STRACT NO. 18, BEING A OFFICE ,4 I PORTION OF TRACT Notary Public "''liar''. 2C31AND THE ENTIRE ` '• TRACT 2C32, AND MORE t' L$ FULLY AND COMPLETELY CITY $ECrE I .vf DESCRIBED IN EXHIBIT A' TARRANT UNTY,TEXAS v V 1. ���<' FROM AG' AGRICULTURAL TO SF-1A' SINGLE-FAMILY RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC` • REQUIREMENTS CON- TAI EED IN ECTIIS oRDE ) RECONCILE WITH MONTHLY STATEMENT. THANK PLEASE PAY THIS ORIG OFFICE; IN THE YOU! OFFICIAL ZONING NG MAP;PRE- SERVING ALL OTHER POR- L�TEA ORDINA OF NCE; THE ON AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�► THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL.WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE• PROVIDING THAT Port WorthSt THIS ORDINANCESHALL LAUBE CUMULATIVE OF ALL rain ORDINANCES;PROVIDING A REMIT TO: , 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 FORVI SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF• PROVIDING A SAVINGS 47901 CLAUSE; PROVIDING FOR ACCOUNT (ITS? AMOUNT 38. 50 PUBLICATION IN THE OFFI- NUMBER DUE CI R AND PROVIDING AN PEFFECT VEE DATE. City of Southlake,Texas OF 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 I Sandra L. e City Secretary — CITY OF SOUTHLAKE ATTN : Sandra L . LeGra 667 N CARROLL AVE SOUTHLAKE ,TX 76092-9595 P —EPAY 38 . 50 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram FED. I.D. NO. 22 3148254 130311 AD INVOICE NO.400W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 THE STATE OF TEXAS County of Tarrant re me, a Notary Public in and for said County and State, this day personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL NTH/LINE RATE AMOUNT •JUNE 23 130311 CL. 358 1 x 76 L 76 41.80 CITY OF SOUTHLAKE TEXAS.; ORDINANCE Nd.480-173. AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORD- NANCE OF THE CITY OF SOUTHLAKE, TEXAS: GRANTING A ZONIN CHANGE ON A CERTAI TRACT OR TRACTS OF LAND WTHIN THE CITY OF SOUTH- LAKE, TEXAS BEING 3:44 ACRES SITUATED IN THE J.G. ALLEN SURVEY, -AB. STRACT NO. 18, BEING A PROTION.OF TRACT 2C3L AND THE ENTIRE TRACT 2C32, AND MORE FULLY AND COMPLETELY "A" SIGNED �_ DE- SCRIBED IN EXHIBIT A" lL FROM "AG" AGRICULTURAL TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC THIS THE SCRIBED AND TAINED IREMN REQUIREMENTS COrN: RE ME, 1ST DAY OF JULY 1995 . NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- Hernandez SERVING ALL OTHER POR- Lil TIONS OF THE ZONING Notary Public OFFICE OF ORDINANCE; DETERMINING m Expires THAT THE PUBLIC INTER- CITY SEC;ETARY EST, MORALS AND GENE AL WELFARE DEMAND Ili 14, 1998 ZONING CHANGES AN TARRANT COUNTY,TEXAS AMENDMENTS HEREIN 1 '11•11•'W••• MADE' PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL A PLEASE PAY THI SEVDERABILTY PROVIDI CLA 0E ;E AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PROVIDING FOR A PENALTY FOR VIOLATIONS HER Eqi PROVIDING A SAVI GS ERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT------AJ CLAUSE; PROVIDING FFFFOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER- AND PROVIDING AN EFFECTIVE DATE. Section 7. Any per • firm or corporation who lates, disobeys, omits, ,k glects or refuses to c• with or who resists the:' REMIT TO: , 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 • forcement of any of The. r' ort or sions of this ordinance - r" a ram be fined not more than Thousand Dos ($2,000.00)for each often S ACCOUNT AMOUNT 130311 Each day that a violation NUMBER CIT57 DUE 41.80 permitted to exist shall consti tute a PASSED Ae PROVE ND A D—tgar IF ANY QUESTIONS, PLEASE CALL(817)390-7501 THE CITY COUNCIL OF TNEt k3E 1 OF 1 CITY OF SOUTHLAKE, THIS- THE 20TH DAY CF JUNE,.' 1995. Gary Fickes, Mayor of Southlake • Attest:Sandra L.LeGrand, City Secretary Approved as to form: — E.Allen Taylor,Jr., City Secretary CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX. 76092-9595 PLEASE PAY , 41.80 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED -Tele ram FED. I.D. NO. 22 3148254 Fort Worth Star AD INVOICE NO. 130311 400 W.SEVENTH STREET•FORT WORTH.TEXAS 76102 ACCOUNT NO. C I T 5 7 a THE STATE OF TEXAS County of Tarrant Ire me, a Notary Public in and for said County and State, this day personally appeared DAWN M.R IVERA Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL NCH/LINE RATE AMOUNT 6/23ME 130311 CITY OF SOUTHLAK I358 1x 76L 76 .55 41 . 80 06/23-06/23 CITY OF SOUTHLAKE TEXAS ORDINANCE No.480-173 .. . AN ORDINANCE AMENDING ORDINANCE NO.A 480_, AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY XA F SOUTHLAKE, GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WFHIN THE CITY OF SOUTH- _.... LAKE, TEXAS BEING 3.44 ACRES SITUATED IN THE J.G. ALLEN SURVEY AB- STRACT NO. 18, BEING A PROTION OF TRACT 2C31 AND THE ENTIRE TRACT , 2C32, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TEESIDENTIAL SINGLE DISTRICT,ISTRICT SIGNED ?7) c ___' SUBJECT TO THE SPECIFIC` REQUIREMENTS CON- TA MED IN THIS ORDI- SCRIBED AND SWO OFFICIAL ZONING MAP;PRE-1E, THIS THE 10T7I DAY OF • SERVING ALL OTHER OFFICE OF s e� J� ON OF THE ZONING ORDINANCE; DETERMINING idez THAT THE PUBLIC INTER- Notary PUbll �ID EST, MORALS AND GENER- P,,-r•! f.'tt.7 ,r Y AL WELFARE DEMAND THE as t ri. ZONING CHANGES AND ' AMENDMENTS HEREIN;JH TARRANT COUNTY,TEXAS E PROVIDING THAT i MAD THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCS;SEVE ABILIIDING TY PRO CLAUSE; PLEASE PAY THIS ORIC FORVIVIOLATONS HEREOF D RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PROVIDING A SAVINGS CLAUSE; PROVIDING FOR TE PUBLICATION IN THE OFFI-RION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A D PROVIDING AN PEFFECTIVEE DATE. Section 7. Any person, firm or corporation who vio- lates. disobeys, omits, ne- glects or refuses to comply Port Worth SI with or who resists the en- forcement of any of the prove ra m sions sions of this ordinance shall REMIT TO: , 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 be fined not more than Two Thousand nd Dollars (52,000.00)for each offense.: 130311 Each day that a violation i;-- ACCOUNT C I T 5 7 AMOUNT 41.80 permitted to exist shall tionstl- tute a separate offense. UE PASSED AND APPROVED BY CITYCOITY F OUTHLLAKE,F THIS THE 20TH DAY OF JUNE. OF 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 1995. Gary Fickes, Mayor of Southlake I Attest:Sandra L.LeGrand, 1 City Secretary Apprlleoved as to form:E. - I City Secretary CITY OF SOUTHLAKE ATTN : SANDRA LEGRAND 667 N CARROLL AVE SOUTHLAKE, TX 76092-9595 PLEASE PAY 41. 80 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED